What non-compliance costs and when duties bite: the penalty tiers (up to EUR 35m/7% for prohibited practices), grandfathering for systems already on the market, and the staggered entry into application (Feb 2025 prohibitions → Aug 2025 GPAI → Aug 2026 general → Aug 2027 Annex I high-risk).
The AI Act establishes three tiers of administrative fines, each tied to a distinct category of infringement. Member States are required to lay down the specific penalty rules and notify the Commission by the date of entry into application; those rules must be effective, proportionate and dissuasive, and must take into account the interests of SMEs, including start-ups, and their economic viability 32024R1689 Article 99@2024-06-13.
Tier 1 — Prohibited practices (Article 5): Non-compliance with the prohibitions on unacceptable-risk AI attracts fines of up to EUR 35 000 000 or, if the offender is an undertaking, up to 7% of total worldwide annual turnover for the preceding financial year, whichever is higher 32024R1689 Article 99@2024-06-13.
Tier 2 — Operator and notified body obligations: Non-compliance with provider, authorised representative, importer, distributor, deployer, and notified body obligations — and with transparency obligations under Article 50 — is subject to fines of up to EUR 15 000 000 or, if the offender is an undertaking, up to 3% of worldwide annual turnover for the preceding financial year, whichever is higher 32024R1689 Article 99@2024-06-13.
Tier 3 — Misleading information to authorities: Supplying incorrect, incomplete or misleading information to notified bodies or national competent authorities in reply to a request attracts fines of up to EUR 7 500 000 or, if the offender is an undertaking, up to 1% of worldwide annual turnover for the preceding financial year, whichever is higher 32024R1689 Article 99@2024-06-13.
For SMEs and start-ups, each fine is capped at whichever of the relevant percentage or absolute amount is lower 32024R1689 Article 99@2024-06-13.
Discretionary factors in fine-setting: When deciding whether to impose a fine and on its amount, authorities must weigh all relevant circumstances — including the nature, gravity, duration and consequences of the infringement; the number of affected persons and their level of harm; financial benefits or losses avoided; the degree of cooperation shown; whether the infringement was intentional or negligent; and prior fines imposed by other market surveillance authorities for the same infringement 32024R1689 Article 99@2024-06-13. Member States determine how fines apply to public authorities within their territory, may route fine decisions through courts, and must report annually to the Commission on fines issued 32024R1689 Article 99@2024-06-13.
The Regulation's general date of application is 2 August 2026, but duties bite in four distinct waves 32024R1689 Article 113@2024-06-13:
| Date | What applies | |---|---| | 2 February 2025 | Chapters I and II — general provisions and the prohibited AI practices (Article 5) | | 2 August 2025 | Chapter III Section 4 (notified bodies), Chapter V (general-purpose AI models), Chapter VII and Chapter XII, and Article 78 — with the exception of Article 101 | | 2 August 2026 | General application — high-risk requirements, conformity assessment, market surveillance, penalties | | 2 August 2027 | Article 6(1) and corresponding obligations — high-risk AI systems that are safety components of products covered by Annex I Union harmonisation legislation |
Systems already on the market before the general application dates are not immediately required to comply in full. Three windows apply 32024R1689 Article 111@2024-06-13:
Annex X large-scale IT systems placed on the market or put into service before 2 August 2027 must be brought into compliance by 31 December 2030 32024R1689 Article 111@2024-06-13.
Other high-risk AI systems placed on the market or put into service before 2 August 2026 fall outside scope unless they undergo significant changes in design from that date onward. Providers and deployers of high-risk systems intended for use by public authorities must comply by 2 August 2030 regardless 32024R1689 Article 111@2024-06-13.
GPAI model providers whose models were placed on the market before 2 August 2025 must take the necessary steps to comply with GPAI obligations by 2 August 2027 32024R1689 Article 111@2024-06-13.
One hard limit cuts across all three windows: the prohibition on unacceptable-risk practices under Article 5 is explicitly excluded from grandfathering and applied from 2 February 2025, irrespective of when a system was placed on the market 32024R1689 Article 111@2024-06-13 32024R1689 Article 113@2024-06-13.
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1. An undertaking violates the Article 5 prohibition on an unacceptable-risk AI practice. What is the maximum fine it faces?
Tier 1 fines for prohibited-practice infringements are set at the higher of the absolute cap (EUR 35 000 000) or the 7 % turnover figure, not the lower. 32024R1689 Article 99@2024-06-13
2. How does the AI Act cap administrative fines specifically for SMEs and start-ups?
The Act reverses the general "whichever is higher" rule for SMEs and start-ups, substituting the lower of the two figures to protect their economic viability. 32024R1689 Article 99@2024-06-13
3. From which date did the AI Act's prohibited AI practices under Article 5 become applicable?
Chapters I and II, which include the Article 5 prohibitions, entered into application on 2 February 2025 — the earliest of the four application waves. 32024R1689 Article 113@2024-06-13
4. A provider placed a high-risk AI system on the market in June 2026, before the general application date of 2 August 2026, and has made no significant changes to its design since. Under the transitional arrangements, what is the provider's compliance position?
Other high-risk AI systems placed on the market before 2 August 2026 fall outside scope unless they undergo a significant change in design from that date onward. 32024R1689 Article 111@2024-06-13
5. A provider placed a general-purpose AI model on the market in March 2025, before GPAI obligations became applicable. By what date must that provider comply with GPAI obligations?
GPAI model providers whose models were placed on the market before 2 August 2025 are given until 2 August 2027 to take the necessary steps to comply with GPAI obligations. 32024R1689 Article 111@2024-06-13